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Amends 312 IAC 11-3-1 and 312 IAC 11-4-3 to allow bulkhead seawalls or previously authorized seawalls to be refaced with glacial stone, under a general license, regardless of the number of times the existing bulkhead or authorized seawall has previously been refaced.
Amends 312 IAC 2-2-1, 312 IAC 2-2-4, and 312 IAC 2-3-1 governing delegations and informal procedures of the commission and its boards by authorizing the director of the commission's division of hearings to give preliminary adoption to the readoption of rules, where no changes are proposed to existing language, modifying procedures for informal hearings held prior to those governed by IC 4-21.5 to address a hearing by an agency board, and removing an obsolete cross-reference to 310 IAC.
Amends 312 IAC 1-1-19.5, 312 IAC 1-1-27.5, 312 IAC 1-1-29.3, 312 IAC 10-2-33.5, 312 IAC 11-5-2, and 312 IAC 19-1-3 to update cross-references to other laws, to incorporate emergency rules already in effect as permanent rules, and to include definitions that clarify the current administration of programs.
Adds 515 IAC 4 to establish the process whereby a teacher obtains a proficient practitioner license.
Amends 844 IAC 4-4.5-12 to revise the passing requirements for the United States Medical Licensing Examination (USMLE).
Amends 856 IAC 1-33-1 to revise the definition of counseling and to add the definitions of offer and patient. Adds 856 IAC 1-33-1.5 to establish the requirements for an offer. Amends 856 IAC 1-33-2 to revise the requirements for patient counseling. Amends 856 IAC 1-33-4 to revise the institutional patient exception. Adds 856 IAC 1-33-5 to establish the grounds for discipline for patient counseling violations.
Adds 910 IAC 2-4-6 through 910 IAC 2-4-10 concerning housing intended and operated for persons at least 55 years of age.
Temporarily adds rules concerning pull-tab game number 011.
Temporarily adds rules concerning scratch-off game number 692.
Temporarily adds rules concerning scratch-off game number 699.
Temporarily adds rules concerning scratch-off game number 701.
Adds 65 IAC 4-342 concerning scratch-off game number 706.
Temporarily amends 312 IAC 18-3 concerning entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen and to provide standards for quarantine in Jamestown Township in Steuben County and Newbury Township in LaGrange County, which is infested with the species. Repeals LSA Document #04-118(E), printed at 27 IR 2757.
Temporarily amends 312 IAC 18-3 concerning entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen and to provide standards for quarantine in Jamestown Township in Steuben County and Clay Township in LaGrange County, which is infested with the species. Repeals LSA Document #04-150(E), printed at 27 IR 3088.
Temporarily allows for excise tax decals to be placed on the mast or a boom of a sailboat, if the decals would not otherwise be visible when the sailboat is underway. (On May 18, 2004, the Natural Resources Commission gave final adoption to proposed new section 312 IAC 5-12.5-1 (LSA Document #03-316) to implement this concept, but the language would likely not complete the review process until completion of the primary 2004 boating season.).
Temporarily adds provisions to clarify which provisions apply to persons subject to the permit by rule program established under 326 IAC 2-10. Authority: IC 4-22-2-37.1(a)(14). NOTE: The original emergency document, LSA Document #04-9(E), printed at 27 IR 1608, effective January 8, 2004, expired April 7, 2004. A second emergency document, LSA Document #04-81(E), printed at 27 IR 2516, effective April 8, 2004, expires July 7, 2004.
Temporarily amends 405 IAC 6-2-5, 405 IAC 6-3-3, 405 IAC 6-4-2, 405 IAC 6-4-3, 405 IAC 6-5-1, 405 IAC 6-5-2, 405 IAC 6-5-3, 405 IAC 6-5-4, and 405 IAC 6-5-6 affecting eligibility and benefits under the Indiana Prescription Drug Program and amends the definition and duration of eligibility and benefits for enrollees. Authority: IC 4-22-2-37.1; IC 12-10-16-5.
Adds 25 IAC 6-1-1 through 25 IAC 6-8-8 concerning definitions of terms and phrases used in executive lobbying and provides for registration and regulatory procedures and requirements for executive lobbyists and enforcement of such regulation. Public comments are invited. Statutory authority: IC 4-13-1-7.
Amends 31 IAC 1-9-4 and 31 IAC 2-11-4 concerning use of sick leave. Questions or comments concerning the proposed rule may be directed to: State Personnel Department, Attn: Keith Beesley, Indiana Government Center-South, 402 West Washington Street, Room W161, Indianapolis, IN 46204 or by e-mail at firstname.lastname@example.org. Statutory authority: IC 4-15-1.8-6; IC 4-15-1.8-7; IC 4-15-2-6; IC 4-15-2-29.
Under the authority of IC 6-1.1-35.2-2, as enacted by P.L.177-2002, the Department of Local Government Finance intends to adopt rules to provide for a uniform approval of both a mileage and per diem allowance rates that any new assessing official or county assessor who attends the required new official training pursuant to IC 6-1.1-35.2-2 is entitled to. This rule will also establish the uniform procedures necessary to approve such reimbursements for the county in which the official resides. The Department of Local Government Finance invites written submissions expressing your views on these matters. Questions or comments may be directed to Toma Shepherd, Attorney, Department of Local Government Finance, at the Indiana Government Center-North, 100 North Senate Avenue, Room 1058, Indianapolis, Indiana 46204. Telephone number: 317-233-4361. Statutory authority: IC 6-1.1-31-1; IC 6-1.1-35.2-2; IC 6-1.1-35.2-3.
Amends 68 IAC 15-3-3 to correct a misspelling. Amends 68 IAC 15-5-2 to determine who may sign an RG-1 and to determine tax calculation in the event a riverboat chooses to observe nonflexible scheduling or flexible scheduling. Amends 68 IAC 15-6-2 to determine what must happen to admissions when a riverboat chooses to observe nonflexible scheduling or flexible scheduling and chooses to observe 24 hour gaming. Amends 68 IAC 15-6-3 to determine what must happen to ticketing if a riverboat chooses to observe nonflexible scheduling or flexible scheduling. Amends 68 IAC 15-6-5 to determine who may sign an RG-1 and to determine what happens to computation of tax when a riverboat chooses to observe nonflexible scheduling or flexible scheduling. Amends 68 IAC 15-13-3 to reflect jackpot tax filings and to define what must happen when a jackpot of over $1,200 is paid out. Public comments are invited. Questions concerning the proposed rule may be directed to the following number: (317) 233-46. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-5.
Amends 312 IAC 5-14 governing the inspection, maintenance, and operation of watercraft carrying passengers for hire. Makes numerous substantive and technical changes. Questions concerning the proposed rule amendments may be directed to (317) 233-3322 or slucas@nrc.IN.gov. Statutory authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-15-7-5.
Amends 312 IAC 11 that governs construction activities along and within public freshwater lakes. Amendments are made to the regulation and treatment of a seawall. These include standards that distinguish a seawall placed in a manmade channel from one placed on a natural shoreline. Allows a bulkhead seawall to be permitted along the upland sides of a manmade channel; defines "natural shoreline"; and amends the definitions for "bulkhead seawall", "area of special concern", and "significant wetland". Also, provides discretion to grant a permit for a seawall or other structure, which might not otherwise satisfy the rule, where public access is enhanced or where a written assessment by a qualified professional demonstrates a particular methodology is needed to control erosion or to stabilize the shoreline and that the methodology would not violate IC 14-26-2. Questions concerning the proposed rule amendments may be directed by telephone to (317) 233-3322 or by e-mail to slucas@nrc.IN.gov. Statutory authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23.
Amends 312 IAC 18-3-1, which governs standards for the control of larger pine shoot beetles by adding Decatur County, Jennings County, Ripley County, Union County, and Vigo County to the quarantine area. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, at jkane@nrc.IN.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4; IC 14-24-3.
Establishes a new section 312 IAC 18-3-18 under the article pertaining to entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen. Provides standards for quarantine of areas infested with the species. Questions concerning the proposed new rule section may be directed to (317) 232-4699 or jkane@nrc.IN.gov. Statutory authority: IC 14-10-2-4; IC 14-24-3.
The Indiana State Board of Animal Health is considering adopting rules that will qualify the state of Indiana for United States Department of Agriculture approval under 9 CFR 93.300 et al. to receive equine from countries or regions where contagious equine metritis (CEM) exists or where the country or region trades equine freely with a region in which CEM exists. The rules will include requirements for establishing and operating CEM quarantine stations in the state. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, Attn: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224, or by electronic mail to ghaynes@boah.IN.gov. Statutory authority: IC 15-2.1-3-19.
Amends 357 IAC 1-7 to address civil penalties for violations of IC 15-3-3.6, the Indiana Pesticide Use and Application Law, and the rules adopted under that law. Adds definitions of new terms introduced as the result of listing each violation individually on the civil penalty schedule rather than grouping the violations by type. Clarifies which penalties are to be assessed on a per product, per incident, per person, per day, or per year basis. Adds a penalty assessment cap of 180 incidents or 180 days for repetitive violations. Clarifies the factors to be considered when mitigating penalties. Clarifies that civil penalties are not required nor the sole enforcement action for every violation. Clarifies that the civil penalty money collected is to be used by the Purdue University Cooperative Extension Service solely for providing education about pesticides. Statutory authority: IC 15-3-3.6-4; IC 15-3-3.6-14.5.
Amends 357 IAC 1-6 to address civil penalties for violations of IC 15-3-3.5, the Indiana Pesticide Registration Law, and the rules adopted under that law. Adds definitions of new terms introduced as the result of listing each violation individually on the civil penalty schedule rather than grouping the violations by type. Clarifies which penalties are to be assessed on a per product, per incident, per day, or per year basis. Adds a penalty assessment cap of 180 incidents or 180 days for repetitive violations. Clarifies the factors to be considered when mitigating penalties. Clarifies that civil penalties are not required nor the sole enforcement action for every violation. Clarifies that the civil penalty money collected is to be used by the Purdue University Cooperative Extension Service solely for providing education about pesticides. Statutory authority: IC 15-3-3.5-10; IC 15-3-3.5-18.3.
The proposed rule will make the following changes to the Medicaid rules at 405 IAC 1 and 405 IAC 5 to conform to changes in the law and current agency practice. Amends 405 IAC 1-1-5 and 405 IAC 1-1.5-2 to specify that a hospital has 60 days after the date of an overpayment notice to repay the overpayment or to file an appeal. This change is being made to comply with P.L.78-2004. Amends 405 IAC 5-1-5 to update language regarding coding sources. Amends 405 IAC 5-3-13 to eliminate the prior authorization requirement for certain services and to specify that orthodontic procedures for members under 21 years of age for cases of craniofacial deformity or cleft palate are subject to prior authorization. Amends 405 IAC 5-9-1 to allow Medicaid reimbursement for evaluation and management services for 50 office visits per rolling 12 month period without prior authorization. Amends 405 IAC 5-19-1(h) to allow for reimbursement for medical supplies in quantities greater than a one-month supply if the recipient is a Medicare beneficiary and if Medicare allows reimbursement for that quantity. Amends 405 IAC 5-19-10 to specify that Medicaid reimbursement is available for corrective shoe features. Amends 405 IAC 5-26-5 to correct an Indiana Administrative Code reference. Amends 405 IAC 5-28-7 to clarify that Medicaid reimbursement for abortions is available if required by state law. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-13-3, as amended by P.L.78-2004, SECTION 3; IC 12-15-21-2.
Amends rules regarding the birth problems registry to remove birth weight less than 2,500 grams and stillbirth as reportable conditions, require reporting of both a pervasive developmental disorder and fetal alcohol spectrum disorder that is recognized in a child before five years of age. Amends the maximum age of a child whose diagnosis must be reported to the registry and whose report must be included in the registry from two years to three years. Written comments may be submitted to the Indiana State Department of Health, Community and Family Health Services Commission, 2 North Meridian Street, #8C, Indianapolis, Indiana 46204. Statutory authority: IC 16-38-4-7.
Amends 804 IAC 1.1-1-1 to revise the definition of valid certificate. Adds 804 IAC 1.1-8 to establish the continuing education requirements for architects and landscape architects. Adds 804 IAC 1.1-9 to establish the requirements for continuing education providers. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or email@example.com. Statutory authority: IC 25-4-1-3; IC 25-4-1-31; IC 25-4-2-13.
Amends 856 IAC 1-30 to revise the standards for the preparation, labeling, and distribution of sterile pharmaceutical products by licensed pharmacists. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rule may be directed to: Indiana Board of Pharmacy, ATTENTION: Board Director, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at firstname.lastname@example.org. Statutory authority: IC 25-26-13-4.
Amends 865 IAC 1-11-1 to revise the fees charged and collected by the board. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or by electronic mail email@example.com. Statutory authority: IC 25-1-8-2; IC 25-21.5-2-14.
Amends 872 IAC 1-1-6.1 to revise the educational requirements for first time CPA examination candidates to address the semester hours in accounting, business administration, and economics courses at the undergraduate and graduate level. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at firstname.lastname@example.org. Statutory authority: IC 25-2.1-2-15.
Adds 45 IAC 1.3 concerning the utility receipts tax, IC 6-2.3, which was effective January 1, 2003.
Amends 68 IAC 2-6-49, 68 IAC 2-7-12, 68 IAC 5-3-2, 68 IAC 5-3-7, 68 IAC 8-1-11, 68 IAC 8-2-29, 68 IAC 9-4-8, 68 IAC 11-1-8, 68 IAC 12-1-15, 68 IAC 15-1-8, 68 IAC 16-1-16, 68 IAC 17-1-5, 68 IAC 17-2-6, and 68 IAC 18-1-6 to correct a mistake in an internal cross reference. Amends 68 IAC 10-1-5 to require that riverboat licensees may not have or display maximum live gaming jackpots. Amends 68 IAC 11-3-1 to provide that the bill validator report shall be generated after the completion of the soft count rather than before the commencement of the soft count. Amends 68 IAC 14-4-8 to provide that the riverboat licensee shall receive written approval from the commission for all chip destruction and that the riverboat licensee shall coordinate the movement and shipment of chips to be destroyed with commission agents. Amends 68 IAC 14-5-6 to provide that the riverboat licensee shall receive written approval from the commission for all token destruction and that the riverboat licensee shall coordinate the movement and shipment of tokens to be destroyed with commission agents. Amends 68 IAC 15-9-4 to provide that riverboat licensees shall allow the redemption of chips and tokens by employees at one cage located on the riverboat and one location in the pavilion. Amends 68 IAC 15-10-4.1 to require that cage variances be reported on a form approved by the commission, to require that the accounting director or designee must investigate all unresolved variances, and the results of the investigation must be documented on the paperwork provided by the cage department. Adds 68 IAC 15-13-2.5 to require that manually paid jackpots that exceed a value of $1,199 may not be paid from a pouch or similar method. Amends 68 IAC 18-1-2 to redefine the time frame within which patrons can expect to receive responses to complaints they have made and to change the requirement that patrons must file a copy of their complaints with the riverboat licensee at the same time they file the complaint with the gaming commission.
Amends 68 IAC 1-5-1 to require a riverboat licensee to notify a commission agent and the executive director when the riverboat licensee becomes aware that criminal activity is taking place on riverboat property. Amends 68 IAC 2-3-5 to require an applicant to hold a valid merchant marine document only when required by the United States Coast Guard. Amends 68 IAC 2-3-6 to eliminate the provision requiring the signature of the executive director on identification badges. Amends 68 IAC 2-3-9 to require occupational licensees to provide truthful information to commission agents and staff during an investigation.
Adds 312 IAC 6.2, concerning management of the Great Lakes basin, to identify the department of natural resources, division of water, as the entity to coordinate state functions pertaining to IC 14-25-1-11 and 42 U.S.C. 1962d-20 ("Water Resources Development Act") and water diversions from the Great Lakes drainage basin and to provide that the director of the department issues orders appropriate to implementation of the article.
Adds 326 IAC 1-2-52.2, 326 IAC 1-2-52.4, and 326 IAC 1-2-82.5 and amends 326 IAC 1-2-52 and 326 IAC 1-3-4 concerning particulate matter definitions and standards.
Adds 326 IAC 20-56 to incorporate by reference the national emission standards for hazardous air pollutants from reinforced plastic composites production and amends 326 IAC 20-25, the state styrene rule, concerning emissions from reinforced plastic composites fabricating emission units to consolidate requirements applicable to reinforced plastic composites production in 326 IAC 20-56.
Amends 326 IAC 18-1-1, 326 IAC 18-1-2, 326 IAC 18-1-3, 326 IAC 18-1-4, 326 IAC 18-1-5, 326 IAC 18-1-6, 326 IAC 18-1-9, and 326 IAC 18-2-2 to delete requirements for waste disposal managers to be licenced to handle asbestos waste. Amends 326 IAC 18-2-3 to correct typographical errors and formatting.
Readopts 326 IAC 2-5.1-1, 326 IAC 2-5.1-2, 326 IAC 2-5.5, 326 IAC 2-6.1, and 326 IAC 2-9.
Adds 326 IAC 20-71 through 326 IAC 20-79 to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for asphalt processing and asphalt roofing manufacturing; brick and structural clay products manufacturing; clay ceramics manufacturing; coke ovens: pushing, quenching, and battery stacks; engine test cells/stands; hydrochloric acid production; printing, coating, and dyeing of fabrics and other textiles; surface coating of metal furniture; and surface coating of wood building products.
Amends 329 IAC 9 concerning underground storage tanks to clarify language and requirements, to add new definitions, to repeal some definitions and renumber to alphabetize additional definitions, to add appropriate changes to make the rule consistent with IC 13-12-3-2 and 328 IAC 1, the excess liability trust fund rules, to reorganize and clarify Rule 6, the closure of UST systems, to delete "modified closure" and the accompanying requirements, to relocate several sections to be consistent with the federal regulations and appropriate procedures, and to update incorporation by reference documents. NOTE: Under IC 4-22-2-40, LSA Document #01-161, printed at 26 IR 1201, was recalled by the Solid Waste Management Board and resubmitted for publication.
Amends 405 IAC 6-2-5, 405 IAC 6-3-3, 405 IAC 6-4-2, 405 IAC 6-4-3, 405 IAC 6-5-1, 405 IAC 6-5-2, 405 IAC 6-5-3, 405 IAC 6-5-4, and 405 IAC 6-5-6 concerning eligibility and benefits under the Indiana Prescription Drug Program, the definition and duration of eligibility, and the benefits for enrollees.
Amends 410 IAC 6-12 regarding requirements for plan review and construction permits and adds fees for plan review. Repeals 410 IAC 6-12-2, 410 IAC 6-12-5, 410 IAC 6-12-6, and 410 IAC 6-12-15.
Adds 410 IAC 7-24 to establish minimum standards for the operation of retail food establishments. Repeals 410 IAC 7-20.
Amends 410 IAC 7-23-1 to update the schedule of civil penalties for retail food production and processing.
Adds 460 IAC 1-10 to describe the caretaker support program and provide for the coordination and administration of the program.
Amends 511 IAC 1-3-1 to add an additional average daily membership or ADM count to be taken on December 1 for all students and an additional count of students enrolled in special education programs be taken on April 1.
Amends 760 IAC 2-1 through 760 IAC 2-20 to implement updates to the National Association of Insurance Commissioners' model regulation, to conform to the Health Insurance Portability and Accountability Act of 1996, to conform to IC 27-1-15.6 and IC 27-1-15.7, and to achieve reciprocity with other states on the licensing of insurance producers.
Amends 872 IAC 1-3-3.3 to revise requirements for college courses to count for continuing professional education credit.
Amends 905 IAC 1-15.2-3 to clarify the conditions under which a minor in a permit premises that has no bar is considered to be loitering.
Amends 905 IAC 1-5.2-9.2 to allow for the sampling of beer from retailers to consumers.
Adds 905 IAC 1-26-3 to provide that a letter of extension may be withdrawn before or during the time the extension is in effect.
Adds 905 IAC 1-48 to establish rules regarding the withdrawal of a consent to transfer a permit after the transfer has been filed with the commission up through and including the local board hearing.
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule, 326 IAC 1-1-6, concerning the federal credible evidence revisions published in the Federal Register on February 24, 1997 (62 FR 8313), and has scheduled a public hearing/meeting before the air pollution control board (board) for consideration of preliminary adoption of these rules.
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules concerning national emission standards for hazardous air pollutants for surface coating of miscellaneous metal parts and plastic parts. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules in 326 IAC 3 concerning compliance assurance monitoring. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
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